Justice Obiora Atuegwu Egwuatu of the Federal High Court, Abuja, has ordered the Independent National Electoral Commission (INEC), to hold Nigeria’s state governors, their deputies, and others to account over cases of electoral violence, bribery, vote-buying, and conspiracy during the 2023 general elections......See Full Story>>.....See Full Story>>
The judge took the decision while passing judgment on a mandamus suit designated FHC/ABJ/CS/583/2023, instituted by the Socio-Economic Rights and Accountability Project (SERAP).
Justice Egwuatu, who also ordered INEC to ensure the appointment of an independent counsel to investigate cases of electoral violence and other electoral offences against state governors and their deputies during the 2023 general elections, further ordered INEC “To promptly, thoroughly and effectively investigate cases of electoral violence and other electoral offences committed during the 2023 general elections and to identify suspected perpetrators and their sponsors and ensure their effective prosecution.”
The judge equally directed INEC “to swiftly prosecute all arrested offenders in the 2023 general elections in the custody of the Nigeria Police Force, Economic and Financial Crimes Commission, Independent Corrupt Practices and Other Related Offences Commission and other law enforcement agencies.”
In his judgment, Justice Egwuatu held that “I have compassionately evaluated the depositions in the affidavit of SERAP and I have no reason not to believe the depositions more so when there are documentary evidence in support of the depositions.
“In the circumstances, therefore, I find merit in the application. The sole issue of whether this court ought to grant the relief of judicial review and orders of mandamus is resolved in favour of SERAP. Accordingly, I grant the prayers sought.”
Justice Egwuatu’s judgment, dated 18 July 2024, read in part: “Being citizens of this great country, SERAP and its members have the legal interest whose enjoyment or enforcement directly or substantially depends on the performance of public duty by INEC.
“In requesting the performance of the public duty imposed on the electoral body, SERAP has demonstrated a great zeal of patriotism.
“The substance of SERAP’s grouse is the violence associated with elections in Nigeria which tends to prevent citizens from exercising their franchise during elections, thus preventing credible elections and in the long run credible leaders.
“There is no gainsaying the fact that electoral violence and the associated crimes committed during elections in Nigeria is a great bane to the development of this country, both democratically and economically.
“SERAP has also shown vide exhibit A8, a letter addressed to INEC requesting among other things the appointment of an independent counsel to investigate allegations of electoral offences, including bribery, conspiracy, and undue influence against state governors and their deputies during the 2023 general elections.
“Exhibit A8 is thus a distinct and clear demand for the performance of the duty made by SERAP. The electoral body until the date of filing the action failed to, refused and or neglected to carry out or perform the duty requested by SERAP.”
“There is no doubt that the Electoral Act 2022 creates some electoral offences.
“Sections 123, 124, 125, 126 127, 128 and 129 are some of the provisions of the Electoral Act that created some specific electoral offences.”